This month’s article will focus on the law of defamation. Defamation is a very hard case to win at trial as it can be difficult to quantify the damages a person has suffered to their reputation based on a defamatory statement.

In a defamation action, a plaintiff must prove several things to prevail. The plaintiff must prove that a defamatory statement about the plaintiff was made and that it was published to the public. The audience hearing the defamatory statement must know that the statement was made about the Plaintiff and that the defamatory statement caused harm to the Plaintiff and/ or the Plaintiff’s reputation.

A defendant can defend against a defamatory statement by showing that the statement is true or that the statement is the subject matter of public concern. Damages are based on the amount of harm that a person suffers. For instance, punitive damages may be award to punish actual ill will and to deter others from engaging in similar defamatory conduct. Special damages in defamation actions refers to actual pecuniary harm, meaning lost money due to the defamatory statement. If you have any questions about defamation or any other tort, please feel free to give my office a call.